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H0586...........................................................by BUSINESS
CONTRACTORS - HIGH VOLTAGE LINES - Amends existing law relating to
activities in proximity to high voltage overhead lines to clarify
application to public utility contractors and subcontractors; to require
notification of work in writing; and to clarify time requirements.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Bus
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley,
McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Wood, Mr Speaker
NAYS -- None
Absent and excused -- Gagner, Jones, Kunz, Meyer, Schaefer,
Zimmermann
Floor Sponsor - Black
Title apvd - to Senate
02/29 Senate intro - 1st rdg - to Com/HuRes
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Ipsen, Andreason
Title apvd - to House
04/05 To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 319
Effective: 07/01/00
H0586
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 586
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES; AMENDING
3 SECTION 55-2401, IDAHO CODE, TO FURTHER DEFINE TERMS; AND AMENDING SECTION
4 55-2403, IDAHO CODE, TO REQUIRE NOTIFICATION IN WRITING AND TO CLARIFY
5 TIME REQUIREMENTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 55-2401, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 55-2401. DEFINITIONS. As used in this chapter:
10 (1) "Authorized person" means:
11 (a) An employee of a public utility, or a contractor or subcontractor or
12 employee of a contractor or subcontractor of a public utility, which pro-
13 duces, transmits or delivers electricity, while the employee is working
14 within the scope of his employment with or for the public utility;
15 (b) An employee of a public utility which provides and whose work relates
16 to communication services or an employee of a state, county or municipal
17 agency which has authorized circuit construction on or near the poles or
18 structures of a public utility, while the employee is working within the
19 scope of his employment;
20 (c) An employee of an industrial plant whose work relates to the electri-
21 cal system of the industrial plant, while the employee is working within
22 the scope of his employment;
23 (d) An employee of a cable television or communication services company
24 or an employee of a contractor of a cable television or communication ser-
25 vices company, if specifically authorized by the owner of the poles to
26 make cable television or communication services attachments, while the
27 employee is working within the scope of his employment; or
28 (e) An employee or agent of a state, county or municipal agency which has
29 or whose work relates to overhead electrical lines or circuit construction
30 or conductors on poles or structures of any type, while the employee is
31 working within the scope of his employment.
32 (2) "Contractor" means any person, sole proprietorship, partnership,
33 joint venture, corporation, or other business entity qualified to doing busi-
34 ness in the state of Idaho which contracts, subcontracts or otherwise agrees
35 or undertakes to perform any function or activity upon any land, building,
36 highway, waterway or other premises.
37 (3) "High voltage" means voltage in excess of six hundred (600) volts
38 measured between conductors or between a conductor and the ground.
39 (4) "Overhead line" means all electrical conductors installed above
40 ground.
41 (5) "Person" means any individual or natural person business entity of
42 any kind.
43 (6) "Public utility" means any publicly, cooperatively or privately owned
2
1 utility which owns or operates a high voltage overhead line.
2 SECTION 2. That Section 55-2403, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 55-2403. ACTIVITY IN CLOSE PROXIMITY TO LINES -- CLEARANCE ARRANGEMENTS
5 WITH PUBLIC UTILITY -- PAYMENT. (1) If any contractor desires to temporarily
6 carry on any function, activity, work or operation in closer proximity to any
7 high voltage overhead line than permitted in this chapter, or in such proxim-
8 ity that the function, activity, work or operation could possibly come within
9 closer proximity than permitted in this chapter, the contractor responsible
10 for performing the work shall promptly notify the public utility owning or
11 operating the high voltage overhead line in writing. The contractor may per-
12 form the work only after making mutually agreeable arrangements with the pub-
13 lic utility owning or operating the line, including coordination of work and
14 construction schedules. Arrangements may include placement of temporary
15 mechanical barriers to separate and prevent contact between material, equip-
16 ment or persons and the high voltage overhead lines, temporary deenergization
17 and grounding, or temporary relocation or raising of the high voltage overhead
18 lines. A written agreement identifying the arrangements and the payment to be
19 made therefor, if any, as provided in subsection (2) of this section shall be
20 executed by the parties.
21 (2) The public utility may, in conformance with its then current prac-
22 tice, require the contractor responsible for performing the work in the vicin-
23 ity of the high voltage overhead lines to pay any actual expenses of the pub-
24 lic utility in providing arrangements for clearances work in close proximity
25 to the overhead lines. The public utility is not required to provide the
26 arrangements for clearances work in close proximity to the overhead lines
27 until a written agreement for payment has been made. The public utility may
28 require payment in advance. Any surplus amounts paid to the utility shall be
29 refunded.
30 (3) The public utility shall make arrangements for clearances to accommo-
31 date activity in proximity to overhead lines in accordance with the agreement
32 of the parties. Where a date certain for completion of the clearance arrange-
33 ments is not otherwise specified in the agreement, the arrangements must be
34 completed within a reasonable time with consideration to all existing circum-
35 stances. However, any delay in completing the arrangement shall not excuse nor
36 authorize the person, contractor or subcontractor to undertake to perform work
37 in closer proximity to high voltage overhead lines than is provided herein,
38 until such time as the arrangements have been completed.
39 (4) The public utility may deny any request for clearances which in the
40 judgment of the utility may jeopardize the performance, integrity, reliability
41 or stability of the utility's electrical system or any electrical system with
42 which it is interconnected.
STATEMENT OF PURPOSE
RS 09869
This bill corrects an oversight in Idaho Code Title 55 Chapter 24 which failed to
include public utility contractors, subcontractors and their employees as
"authorized person" under definitions. The bill further defines contractor and
"person," requires notification in writing, and clarifies timing for work in close
proximity to high voltage overhead lines.
FISCAL IMPACT
This bill would have no impact on the state budget.
Contact: Larry Taylor
Idaho Power Company
(208) 388 -2261
STATEMENT OF PURPOSE/FISCAL NOTE H 586